JUVENILE PENAL INSTITUTIONS
place a prisoner in a specially secured room under such
conditions and the course of the placement and his supervision are comprehensively documented. By not carrying out
CCTV monitoring, the prison system in Saxony already
clearly and largely ensures respect for prisoners’ right to
privacy and the protection of privacy. Prisoners can sometimes feel that the cameras are being used to keep tabs on
them and can feel intimidated, and this increases their
feeling of defencelessness and of being at the mercy of others.
That is why, where it is necessary to monitor the prisoner
(risk of self-harm or suicide), less invasive measures are
applied, for instance either checks are carried out at specific
intervals or the detainee is kept under constant observation.
A prisoner being subjected to a coercive measure generally
finds the situation extremely stressful. Prisoners need the
conditions of detention and personal attention given to them
to help them to feel secure and to regain trust. Since prisoners
are placed in a specially secured room for only short periods
of time, the staffing levels required to keep them under
constant observation are feasible. In the past few years
placement in the specially secured room has nearly always
been ordered where the juvenile prisoner was at an acute
and high risk of self-harm or suicide. Regis-Breitingen
Juvenile Penal Institution only once in 2013 ordered that a
juvenile prisoner be placed in a specially secured room.
The threat potential requires personal supervision so that
it is possible at all times to establish the prisoner’s state of
mind. Supervising staff must be constantly available for the
prisoner to talk to and so that they can act quickly in the
event of danger. The duty of care requires that juvenile
prisoners are not given the opportunity either to seriously
harm themselves at times when they are unobserved, for
example because of claiming to be using the toilet, or to
damage wound care after it has been administered.
That is why no exception can be made when it comes to
visibility of the in-cell sanitary facilities. The important
function which the specially secured room fulfils, namely
suicide prevention and supervision of juvenile prisoners,
would be considerably impaired if partial screens were to be
installed in the specially secured room. However, there are
plans to install a privacy screen on the window in the anteroom to the specially secured room which the person carrying
out the Sitzwache uses to safeguard a certain degree of
privacy when a juvenile goes to the toilet. Awareness of this
issue has been raised in the Juvenile Penal Institution and it
will ensure that prison staff do not observe juveniles detained in the specially secured room when they are going to
the toilet until these screens have been installed.
The communal shower rooms in the residential
groups have no partitions between the individual
showers. The Joint Commission recommends separating at least one shower off by means of a partition in
order to protect privacy.
Response: The Juvenile Penal Institution as well as all
the other prisons will look into partitioning off individual
showers in the communal shower rooms. These partitions
have already been installed in some facilities (Chemnitz,
Dresden and Zeithain prisons). It is expected that suitable
partitions will have been installed in Regis-Breitingen
Juvenile Penal Institution by late 2014.
Point 9.2 of Regis-Breitingen Juvenile Penal Institution’s house rules lists institutions whose correspondence with the juvenile offenders is not monitored. The National Agency should also be included in
this list.
Response: Correspondence with the National Agency is
not monitored. Section 54 (4) of the Act on Juvenile Justice
of Saxony provides that monitoring of correspondence is not
permitted. Regis-Breitingen Juvenile Penal Institution will
adapt the house rules accordingly.
2.1.2 – Positive findings
The conditions of detention in the Juvenile Penal
Institution, which opened in 2007, are very good. The
juveniles are accommodated in clearly arranged and
friendly residential groups. Each residential group has
a maximum of 11 juveniles, who share a common room
and a kitchen. The rooms and furnishings were clean
and in very good condition.
Both the general prison services and the specialist
services in the facility are well-equipped. The facility
employs nine psychologists, eight teachers, 12 social
service staff members and two art therapists. This
level of staffing guarantees comprehensive supervision
of the juveniles and the availability of numerous
treatment measures. All the staff also undergo training
in areas relevant to the enforcement of juvenile imprisonment.
The Joint Commission was impressed by the wideranging measures taken to prevent violence
amongst the juveniles. Detention cells are occupied by
a maximum of two juveniles, and each residential
group is assigned a dedicated group of staff members.
The residential groups are differentiated according to
numerous criteria (incl. experience of being in a penal
institution, type of offence, behaviour in the institution, juveniles’ personal strengths).
The facility attaches great importance to suicide
prevention, and there are fixed standards and procedures for dealing with juveniles at risk of suicide. In
addition, all members of staff undergo suicide prevention training at least once a year.
Special mention should be made of the fact that the
Juvenile Penal Institution does not use physical restraints, and the ordering of disciplinary detention is
not permitted in the juvenile justice system in Saxony.
The specially secured room is used in only a few exceptional cases (twice in 2013).
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